Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 7: - WATERSHED PROTECTION PLANS DIVISION 1: -APPROVAL AND APPLICATION PROCESS; APPEALS (2) A request for an increase in impervious cover requiring a mitigation plan under Chapter 5, Articles 1, 2 or 3; (3) A request for reclamation of land in the floodway or 100 -year floodplain under Chapter 5. Article 4, within a water quality zone or buffer zone; (4) The development of 20 acres or more of land within the 100 -year floodplain; or (5) A request for clustering or development transfers benefiting a water quality zone under Chapter 5, Articles 1, 2 or 3. (b) Commission Decision. (1) The II "I Rr;iRiq II NDi rector shall schedule a public hearing before the Planning and Zoning Commission on the application for approval of a Qualified Watershed Protection Plan. The public hearing may be combined with that for a Cluster Development Plan for the same land. (2) The Commission shall approve, conditionally approve, or deny the application for a Qualified Watershed Protection Plan, subject to an appeal to the City Council under Section 1.7.1.6 (c) Time for Decision. The Engineering Director or the Planning and Zoning Commission shall take action on an application for a Watershed Protection Plan (either phase as applicable and other than a Qualified Watershed Protection Plan) within 30 days from the official filing date. The Planning and Zoning Commission may defer action on any Watershed Protection Plan (either phase) that proposes modification of a floodplain constituting wetlands or waters of the United States protected under Section 404 of the Clean Water Act until such time as the applicant demonstrates proof of compliance with all federal regulations pertaining to the protection and mitigation of such areas. (d) Conditions for Accompanying or Subsequent Development Application. The approval or conditional approval of a Watershed Protection Plan (Phase 1 and Phase 2) will constitute conditions of approval of any subordinate development applications for the land subject to the Plan, and such development applications must be consistent with the Watershed Protection Plan (Phase 1 and Phase 2). The following elements shall be incorporated within any subordinate development application consistent with the approved or conditionally approved Watershed Protection Plan (Phase 1 and Phase 2): a. Demarcation of all water quality zones and buffer zones for the property subject to the development application; b. Location of impervious cover allocated to the property, including areas of intensified impervious cover, subject to the development application, or to be allocated among lots or tracts into which the property is to be divided; c. For land in the Edwards Aquifer recharge or transition zones, identification of all sensitive features and demarcation of all sensitive feature protection zones for the property subject to the development application; and d. The contours of any land authorized for reclamation. (e) Modification of Previously Approved Watershed Protection Plans. The property owner shall submit a modified Watershed Protection Plan (Phase 1 and Phase 2, as applicable) for approval where the following activities are proposed: (1) Any change in the nature or character of the development from that covered by the approved Watershed Protection Plan, or any change that would significantly impact the ability of the approved plan to preserve water quality. (2) Any development on land previously identified as undeveloped in the approved Watershed Protection Plan. (f) Revised Permit Application. If the conditions of approval of subsequent plats or permits require revision to the Watershed Protection Plan (Phase 1 and Phase 2, as applicable), a properly revised Watershed Protection Plan shall San Marcos, Texas, Code of Ordinances Page 106